Application for approval of the Great Southern Rail APMC Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Great Southern Rail APMC Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Great Southern Rail Limited T/A Journey Beyond (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The copy of the Agreement filed with the application for approval contained obvious errors in Clause 22.1(e) and Clause 22.1(f). Those Clauses referred to circumstances where agreement was reached in accordance with Clause 22.1(b) but Clause 22.1(b) does not require agreement. It is apparent that Clauses 22.1(e) and 22.1(f) apply when the hours specified in those Clauses are worked. I note that the Commission under s.218A of the Act may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity. Accordingly, I consider it appropriate in the circumstances to correct the Clauses as follows:

• Clause 22.1(e) is "In accordance with Clause 22.1(b) the minimum rate to be paid for a day worker for ordinary time worked between midnight on Friday and midnight on Saturday shall be time and a half." (omitting "Where agreement is reached") and

• Clause 22.1(f) is "In accordance with Clause 22.1(b) the minimum rate to be paid for a day worker for ordinary time worked between midnight on Saturday and midnight on Sunday shall be double time." (omitting "Where agreement is reached").

[5] I note that the following Clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

• Public holiday substitution: Clause 34.1(c) provides for public holiday substitution between the employer and majority of employees, as opposed to between the employer and the individual employee only consistent with s.115 of the Act.

[6] Noting the undertakings provided and Clause 3(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Australian Rail, Tram and Bus Industry Union (ARTBIU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ARTBIU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act from 9 December 2025. The nominal expiry date of the Agreement is 1 July 2028.

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